IN THE SUPREME COURT OF THE STATE OF ALASKA
ORDER NO. 1339
Amending Criminal Rule 5(b) and
Evidence Rule 404(b) to include
changes made by chapter 86 SLA
1998.
IT IS ORDERED:
1. Paragraph (b) of Criminal Rule 5 is amended to read:
(b) Rights of Prisoner to Communicate
with Attorney or Other Person. Immediately
after arrest, the prisoner shall have the
right forthwith to telephone or otherwise to
communicate with both an attorney and any
relative or friend. Any attorney at law
entitled to practice in the courts of Alaska,
at the request of either the prisoner or any
relative or friend of the prisoner, shall have
the right forthwith to visit the prisoner in
private. This paragraph does not provide a
prisoner with the right to initiate
communication or attempt to initiate
communication under circumstances proscribed
under AS 11.56.755.
2. The following note is added at the end of Criminal Rule
5:
Note to SCO 1339: Criminal Rule 5(b) was
amended by 17 ch. 86 SLA 1998 to make it
clear that the rule does not give a prisoner
the right to contact a victim or witness in
violation of AS 11.56.755. Section 1 of this
order is adopted for the sole reason that the
legislature has mandated the amendment.
3. Paragraph (b) of Evidence Rule 404 is amended to read:
(b) Other Crimes, Wrongs, or Acts.
(1) Evidence of other crimes, wrongs, or
acts is not admissible if the sole purpose for
offering the evidence is to prove the
character of a person in order to show that
the person acted in conformity therewith. It
is, however, admissible for other purposes,
including, but not limited to, proof of
motive, opportunity, intent, preparation,
plan, knowledge, identity, or absence of
mistake or accident.
(2) In a prosecution for a crime
involving a physical or sexual assault or
abuse of a minor, evidence of other acts by
the defendant toward the same or another child
is admissible if admission of the evidence is
not precluded by another rule of evidence and
if the prior offenses
(i) occurred within the 10 years
preceding the date of the offense charged;
(ii) are similar to the offense charged;
and
(iii) were committed upon persons
similar to the prosecuting witness.
(3) In a prosecution for a crime of
sexual assault in any degree, evidence of
other sexual assaults or attempted sexual
assaults by the defendant against the same or
another person is admissible if the defendant
relies on a defense of consent. In a
prosecution for a crime of attempt to commit
sexual assault in any degree, evidence of
other sexual assaults or attempted sexual
assaults by the defendant against the same or
another person is admissible.
(4) In a prosecution for a crime
involving domestic violence or of interfering
with a report of a crime involving domestic
violence, evidence of other crimes involving
domestic violence by the defendant against the
same or another person or of interfering with
a report of a crime involving domestic
violence is admissible. In this paragraph,
"domestic violence" and "crime involving
domestic violence" have the meanings given in
AS 18.66.990.
4. The following note is added at the end of Evidence Rule
404:
Note to SCO 1339: Evidence Rule 404(b)(3) was
amended by 18 ch. 86 SLA 1998 to expand the
circumstances when evidence of other sexual
assaults or attempted sexual assaults by the
defendant will be admitted. Section 3 of this
order is adopted for the sole reason that the
legislature has mandated the amendment.
DATED: August 13, 1998
EFFECTIVE DATE: June 13, 1998
___________________________
Chief Justice Matthews
___________________________
Justice Compton
___________________________
Justice Eastaugh
___________________________
Justice Fabe
___________________________
Justice Bryner